Sean Higgins, the drunk driver charged with killing Johnny and Matthew Gaudreau, appeared via video conference in a Philadelphia court Friday morning and broke down in tears when he was denied bail after prosecutors said he was a flight risk. According to lab results presented by both the prosecution and the defence, the former US Army major had a blood-alcohol level of .087 when he crashed his Jeep into the Gaudreau brothers on August 29, the night before they were to be groomsmen at their sister Katie’s wedding. .Higgins is charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle. “First Assistant Prosecutor Jonathan Flynn of Salem County argued that Higgins had a history of road rage and reckless driving,” reports The New York Post. “On the night of the accident, he had been drinking after finishing a work call around 3 p.m. and having a distressing discussion with a family member, they said in court Friday.” "'You were probably driving like a nut like I always tell you you do. And you don't listen to me, instead you just yell at me,"' his wife told Higgins when he called her from jail after his arrest, according to Flynn. “Higgins’ attorneys argued he was a law-abiding citizen with a wife and two young daughters at home,” says The Post. “He’s an empathetic individual and he’s a loving father of two daughters,” said defense lawyer Matthew Portella, according to 6ABC. “He’s a good person and he made a horrible decision that night.” “Higgins told police he had five or six beers that day and admitted to consuming alcohol while driving, according to the criminal complaint. He also failed a field sobriety test, the complaint said,” reports The Post. After the phone call with the family member, “Higgins had a two-hour phone call with a friend while he drove around in his Jeep with an open container,” Flynn said. “He had been driving aggressively behind a sedan going just above the 50 mp/h speed limit, sometimes tailgating, the female driver told police.” When she and the vehicle ahead of her slowed down and veered left to go around the cyclists, Higgins sped up and veered right, striking the Gaudreaus, the two other drivers told police. "He indicated he didn't even see them," said Superior Court Judge Michael J. Silvanio, who said Higgins admitted "impatience" caused two deaths. Higgins faces up to 20 years, a sentence that Judge Michael Silviano said made him a flight risk when denying bail. He will be able to appeal the decision, Silviano said, but ordered him to appear again before the court next month regardless.
